ORDER : Sonia Gokani, J. On 23.09.2016, this Court has passed the following order. “Perused the Speaking to minutes note filed by the leaned Advocate for the applicant. It is stated that in para 6 the word “three months” is to be substituted into “Thirty Three months” in the order dated 12.9.2016 In view thereof, the words “Three months” is to be read as “Thirty three months.” Speaking to minutes note is allowed in above terms and disposed of accordingly. Direct service, today, is permitted. Registry to issue fresh Writ forthwith.” 2. The service could not be effected as respondent wife was not at home, however, statement of her mother has been recorded by the police personnel. 3. Let the fresh Notice be issued making it returnable on 20.10.2016. Over and above service of notice through the concerned police station, the service by Speed Post is permitted. In case, if the respondent wife is not present, the service to the elder member of her family would be treated as an effective service. 4. So far as remaining amount of maintenance is concerned, learned Advocate Mr. Vyas appearing through legal aid committee for and on behalf of the petitioner has earnestly urged this Court that due to some financial crisis, the petitioner could not deposit maintenance amount regularly, however, on any stringent condition of deposition of amount, the petitioner may be released, as the dispute is matrimonial dispute. 5. This Court has heard the learned Advocate for the petitioner. It appears that it would be in the fitness of things and ends of justice would be met if the petitioner is released rather kept in judicial custody for breach of conditions of depositing maintenance amount eventually when he is ready to deposit amount and to give undertaking to that effect. This Court therefore, passes the following order: 6. On his depositing of additional amount of Rs. 5,000/- every month till the amount of Rs. 80,000/- is exhausted along with sum of Rs. 3,000/- towards amount of maintenance that is required to pay on regular basis in all sum of Rs. 8,000/-, the applicant shall also pay an additional amount of Rs. 20,000/- within four weeks period from the date of receipt of copy of this order. He shall also give an additional surety of sum of Rs. 3,000/- towards amount of maintenance that is required to pay on regular basis in all sum of Rs. 8,000/-, the applicant shall also pay an additional amount of Rs. 20,000/- within four weeks period from the date of receipt of copy of this order. He shall also give an additional surety of sum of Rs. 20,000/- of his father which is ensured by learned Advocate appearing for the applicant, within three days from his release and he shall also file an undertaking before this Court. Additionally, it is being directed that in the event of failure of three consecutive monthly maintenance allowances, the respondent shall be entitled to insist for cancellation of this order and rearrest of the applicant - accused.